[CWG-Stewardship] Client Committee

Tue Mar 10 00:11:58 UTC 2015

On rereading the wiki page I think that Chuck is actually right that these are 3 separate groups that were involved but that the Client Committee is still only the 4 CWG Members.
As the Engagement letter refers only to the Client Committee I think that is referring only to the 4 existing members.

From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Phil Corwin
Sent: Tuesday, March 10, 2015 12:07 AM
To: Robin Gross; jrobinson at afilias.info
Cc: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] Client Committee

I share Robin's concern.

This seems a bit like having opposing counsel sit in on your own supposedly confidential and privileged lawyer-client interactions.

And I say opposing because ICANN the corporation has already shown its hand in its post-XXX actions to narrow the scope of the IRP, and the Jones Day memo that was distributed in Singapore. It is precisely to find workarounds for those supposed restraints on effective accountability that Sidley Austin is being retained for.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
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Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org> [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Robin Gross
Sent: Monday, March 09, 2015 8:01 PM
To: jrobinson at afilias.info<mailto:jrobinson at afilias.info>
Cc: cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>
Subject: Re: [CWG-Stewardship] Client Committee

Thanks, Jonathan.  I'm concerned about inclusion of more ICANN representatives than community representatives on the CWG Client Committee:
  https://community.icann.org/display/gnsocwgdtstwrdshp/Client+Committee

When did CWG decide it would allow 5 ICANN representatives, including 3 of ICANN's attorneys on the CWG's Client Committee?  Secretarial support work is fine, but actual participation is another thing entirely.

We are supposed to obtain truly independent legal advice.  So why are we re-introducing the conflict we are trying to avoid into the Client Committee?

I suggest a CWG discussion about the appropriateness of ICANN's attorneys remaining on the Client Committee going forward.  Now that outside counsel has been retained, any need for their involvement to help identify possible conflicts has been removed.

Thanks,
Robin
[cid:image001.png at 01D05AC6.D0D3F2C0]

On Mar 8, 2015, at 3:48 PM, Jonathan Robinson wrote:

All,

We are following up on the very good news that the Client Committee has successfully worked with ICANN staff to secure the retention of Sidley Austin. First, particular thanks are due to Greg Shatan for the extraordinary effort he has put in to assist the committee with all aspects of its work.

Since the CWG initially discussed and agreed the set-up and composition of the Client Committee, there has been some e-mail discussion regarding the functioning of the Committee. As you know, the composition comprises the two co-chairs and two legally qualified individuals (Greg Shatan and Maarten Simon) which is a manageable size and contains appropriately qualified members. The Committee was set up to provide an effective interface between the CWG and the firm providing the CWG with appropriate advice on the relevant legal issues. However, prior to that, the first task of the Committee was to secure the services of a suitably qualified firm and that job is now complete. Therefore, now seems to be a good time to seek input on the working of the Client Committee.

The Client Committee remains required in order to provide a coherent interface between the CWG & the retained law firm because it is not practical or cost-effective for a group the size of the CWG to continuously interact with the retained law firm at all times. However, in order for the CWG (and anyone relying on the work of the CWG) to have confidence in the work of the Client Committee, the CWG needs to fully trust that the Client Committee will accurately and effectively transmit and represent the issues and challenges facing the CWG. And moreover, that there will be opportunities for the CWG to interact directly with the law firm in order to enhance that confidence and clarify issues where relevant. As per the announcement of the selection of Sidley, representatives of the firm will be at the CWG meeting on Tuesday to both listen and interact.

Therefore, what (if any) changes to the working methods of the Client Committee should be made so that the CWG can be as confident as possible in the capabilities and work of the Client Committee as this crucial aspect of the CWG's work commences in earnest?

Thank-you,

Jonathan & Lise

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